5 Things to Know Before Filing a Human Rights Application in Ontario

Everyone in Ontario is entitled to dignity, equality, and freedom from discrimination, and our human rights system is in place to make sure that those rights are protected. So, if you have experienced discrimination, the Human Rights Tribunal of Ontario-or HRTO-can hear your case and may remedy the situation through both monetary and non-monetary means. But before any of that can happen, you’ll need to file an application with the HRTO. Here’s what you need to know to get started.
Title card: 5 Things to Know Before Filing a Human Rights Application in Ontario
Brought to you by the Human Rights Legal Support Centre
1. What is discrimination?
Discrimination means treating someone differently and unfairly because of a personal characteristic such as race, disability, age or gender.
In Ontario, what counts as “discrimination” is defined by the Ontario Human Rights Code. It lists 17 protected grounds across various social areas. Before you file an application with the HRTO, you’ll want to make sure that the unfair treatment you’ve experienced is covered by the Ontario Human Rights Code-otherwise, the HRTO won’t be able to help you.
2. Jurisdiction
The next thing to watch out for is jurisdiction. In other words, is the case of discrimination you’ve experienced a matter for the provincial or the federal system to handle? For instance, you may need to with the Canadian Human Rights Commission rather than the HRTO if your case involves a bank, airline, phone company, trucking company, Chief and Council decisions, or the federal government.
3. Limitation Period
There is a time limit, when it comes to filing an application with the HRTO. In order for an application to move forward, it needs to be filed within one year of the human rights violation in question. So, when the form asks for the date of the last event, make sure to put down the date of the last discriminatory event that occurred-not just the last time you interacted with the respondent.
Respondents are individual people and organizations that are named in an application for alleged discriminatory behaviour. There can be more than one respondent in an application.
4. Connection
When describing the discriminatory event, be sure to establish a “connection,” between what occurred and the protected grounds of the Ontario Human Rights Code. You have to demonstrate that what happened wasn’t just demeaning or unfair, but discriminatory. Be sure to describe the situation in as much detail as possible!
5. Where to go for support?
Finally, it’s important to know that you don’t have to go through the application process without support. The Human Rights Legal Support Centre is here to answer your questions about filing an application with the HRTO and provide free and accessible legal advice at any stage in the process. So if you’re ever feeling unsure, visit our website for more resources, or give us a call.
Visit hrlsc.on.ca/contact-hrlsc to learn more.